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B-191642 1 (1978-11-17)

handle is hein.gao/gaobadgom0001 and id is 1 raw text is: '. DECIBILN FILE: B-.191642 W A8HINGTON. 0.C. Ro 05 a DATE: Novmber 17, 1978 MATTER OF: Jre F. McLeod - Claim for Backpay DIGEST: 1. Employee of Department of the Army cla'i retroactive promotion and backpay for period of alleged wrongful classification. Claimant has no entitlement to backpay as civil service regulation provides for retroactive effective date for classification only when there is a timely appeal Which results in the reversal, in whole or in part, of a downgrading or other classification action which has resulted in the reduction of pay. See 5 C.F.R. 532.702(b)(9) and ct. cases and Comp. Gen. decs. cited. 2. Employee of Department of the Army cleims a retroactive promotion and backpay for alleged improper detail to higher grade position in ex- cess of 120 days. Agency has denied claim Lon basis that the established and classified hiahsr grade position to which the employee alleges derail was n6t vacant, Agency shouli take action to determine whether employee was in face detailed tc and performed ddti6soof higher grade posi- tion in excess of 120 days. There is no requirement under Turner-Caldweil, 56 Comp, Gen. 427 (1977), that an established and classified pcition be vacant in order to entitle an employee to retroactive temporary promotion and backpay incident to details to higher grade posi- tion. See C.omp. Gen. decs. cited. This action concerns an appeal by Mr. Joe F. McLeod, an employee of the Department of the Army, Fort'Brasg.'North Carolina, of the action of our Claims Division on December 15, 1977, which disallowed Mr. McLeod's claim for a retroactive promotion and bickpay for the periodNovember 19, 1967, to February 23, 1975., The issue before our-Claims Division in- volved Mr, McLeod's allegations that he was improperly clas- sified during the priod of his claim. On appeal of the dis- allowance, he alleges that he was also detailed to a higher grade position during the period June 6, 1971, to Februcry 23, 1975. L w go I ff--

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